Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1887-05-26
THE INTERSTATE LAW.
The Chairman of the Interstate Com
mission Writes Hanley, of the
Minnesota q Northwestern.

4 III III Hull WI an AAth& W.
mission Writes Hanley, of the
Minnesota q Northwestern.
Important Points Made Apparent, Ono
Being that the Law Must Be
Vigorously Enforced.
The Commission Has No Power to Per-
manently suspend the Long and
Short Haul Clause.
WASHINGTON, Special Telegram, May 49,
The Interstate commission has authorized
the publication of a letter as to the inter
probation OF which there cannot be two
opinions. The letter is addressed to General
Traffic Manager Hanley, of the Minnesota d
Northwestern road, who had complained by
telegraph that his petition asking for relief
from the operations of the fourth clause of
the act had not been complied with, and re-
qaesting that speedy action should be taken,
as his road was being greatly injured by the
enforcement OF the law. The letter OF the
commission is written evidence that all
roads under like circumstances and the pub
lie generally NAV understand the position of
the commissioners with respect to the law.
The following is the language OF the CON-
missions letter:
First-It is obvious that the cases the law
contemllates in which the commission lie au-
thorized to make orders for suspension are ex-
ceptionel cases: that is to say, cases whose facts
make them stand apart from ordinary cases. The
act does not define them. It does not state the
grounds that shall warrant relief, but 1t plainly
intends that these grounds in every case shall be
special and peculiar; that where only general
reasons operate the general law shall be left to
its ordinary course, however serious may be the
consequences in particular cases and to particu-
lar roads and interests.
Second-It il also made plain by the act that
any order for suspension was intended TO be
based upon an Investigation, which should sat
fsfy the commission that the case was in fact ex-
ccptionaI. fairly within the intent Of the provis-
ion made for relief. The jurisdiction OF the COM
mission to make orders is evidently meant to be
somewhat closely restricted. The commission, In
its correspondence and otherwise every day Is
made aware of the prevalence In some quarters
of a vague notion that power has been conferred
upon it TO interfere any where and for any rea-
sons satisfactory to itself in order to prevent
what IL may think likely to be harmful: but you,
OF course, indulge no such baseless notion. Tn
commission, as YOU viii agree, must find its au-
thority IN law and not In its own ideas. right or
| policy.
Third-It must he assumed that congress in-
tended the general Law, in its main features at
least, to be a permanent law for the country. 1t
must therefore have contemplated that consider
able sacrifices would necessarily be submitted
to by some parties and some interests, while
the general law was being established, for very
obvious reasons. IL would be quite tmposs1blet to
introduce considerable changes In the branch or
the law which concerns so Intimately the COM
merce of the country without serious conse-
queuces TO some private interests. In all such
cases. incidental injuries, however great they
may be, must necessarily be borne for the gem
eral good. and IL the legislature misjudges as TO
what the general good demands it is to be ex-
pected that in due timei 1t will provide a remedy.
THE FIRST QUESTIONS
to confront the commission upon its organize
tion were raised upon applications for relief hled
by railtoad companies under the fourth section
of the act. Cases in which companies were
charging more for the shorter than for the longer
haul over the same line in the same direction
were to be met with in all parts of the country.
The reasons for doing this were thought by
managers in many cases absolutely imperative.
and TO- concern the interest of the public quite
as much as that OF the roads themselves. The
interests involved in the question were very
great, aud the anticipation Of serious injury
from any sudden change was In some quarters
quite general, The commission. therefore, had
very earnest appeals made to it in support OF
corporate applications for relief from boards OF
trade and other public bodies, from representa-
tiyts OF large business interests which feared or
protested 70 fear destruction or bankruptcy. In
many cases appeals seemed to be made in the
belief that the probability of injury was Of itself
Sufficient warrant for The commission to inter-
fero, and grant 4 relieving order. II its scarcely
necessary 10 say TO yon that any snoh belief was
without legal support. The ground for suspen-
sions Would net in fact be made ground
for relief without giving the commits
sion such general dispensing power
as would not be consistent with sound princi-
pies of government. Congress has not intimated
q purpose to give such power. II the law in its
general operations were TO prove generally and
equally misc6ieyous in all directions, commits
sion, instead of having greater power for that
reason would on the other hand have no power
OF suspension whatever, for the simple, plain
reason that there would then be no exceptional
/ cases for IT tn act nnOn. Therefore, no cases
would be referred by the act to its Judgment
but uniform effects were OF course as far from
being possible as they were from being contem-
plated. There must and will be exceptional
cases. Ia the absence of any specification of
these in The act itself the commission was
obliged to determine as best it might what cases
were probably in the mind of congress when
EXCEPTIONAL RELIEF
was provided for. 1t also found itself confronted
with the QUESTION whether railroads might de-
termine III themselves, but at their peril,
whether in any particular case. the eireum-
TO justify a create charge for the shorter haul,
or whether only upon and In view OF such differ
emit circumstances and conditions the commits
sion was empowered to act, suspension autbDr-
jzed by the act was TO be ordered after ~investi-
CATION. This was plainly determined by the act
itself Tbs commission. however. deemed II
wise to grant some temporary orders on tnvesti-
CATION not as complete as il expects to finally
make. This was done In the belief that no con-
siderable mischief could follow from allowing
the existing conditions Of things to remain for
a brief period. whether then suffered to stand or
not, and that harmful results from a sudden
change in the law might thereby to some
extent be averted. This. of course, also gave
the commission such opportunity ft
careful study of the system which
congress undertook TO reform a.
would otherwise have been wanting. This
method OF proceeding the commission at the
time believed had important advantages and
still believes will cenduee to the lest results In
| the end. You speak strongly and earnestly oil
reasons for granting your application, but In
order TO warrant it being granted 1t Is not
enough that the application, If considered by IT.
self, appears to have merits. The commission
must consider in each case what effect giving re-
lief to one applicant will have upon other inter
ests, and your knowledge of railroad matters
must enable Won to perceive that in some sec
tions OF country the granting Of one application
may 90 Affect the interests Of other roads as to
create a necessity for like relief to several more:
the satisfaction Of one claim begetting Others
equally meritorlous, until. If all are satis~-sd
the exception becomes the ruie; but when such
is the result, the probable reasons for declining
TO make any temporary order are very conclu.
sive. The commission cannot consent delti,er'
ateiy TO enter upon a highway where
to all appearance, there will be no halt
lawful jurisdiction. II the general suspension
of long and short haul clause is not to be made
by u single comprehensive order, neither should
the same result be reached or approached by
granting successive orders in individual cases.
In whatever the commission may do. IL must
keep IN view the preservation Of the general
rule. IL Il not our purpose in this communica-
ti0n to cypress any opinion TO what ought TO be
the final conclusion upon your application. The
commission i not vet prepared TO give its de-
cision, and the purpose Of this answer to your
telegram is merely 10 place before you some of
the reasons which up to this time have pre-
Guided definite action. That injury results to
parties interested in your road or to any other
persons. is sincerely regretted, and your belief
that such is the case will be kept in mind as a
reason for action As prompt as shall seem con-
sIetent with duty. In these views the whole
commission concurs.
The letter is signed by Chairman Cooley.